ANISHA MALHOTRA Vs. AMITESHWAR SINGH
HIGH COURT OF DELHI
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(1.) This is an application filed on behalf of the plaintiffs seeking a
direction to the registry to de-seal the original agreement to sell dated
21.10.2004 and return the same to the plaintiffs. The learned counsel for the
defendants have not objection to this application being allowed. The same is
(2.) This is an application filed on behalf of the plaintiff for refund of the
court fee amount of Rs 1,48,850/- paid by the plaintiffs at the time of
presentation of the plaint. The parties had been referred to mediation which
has ultimately resulted in settlement of the disputes. In view of the
provisions of Section 89 of the Code of Civil Procedure, 1908 and section 16 of
the Court Fees Act, 1870, the plaintiffs are entitled to a refund of the court
fee paid on the plaint. The appropriate certificate be issued. This
application is allowed to the aforesaid extent.
(3.) This is an application under Order 23 Rule 3 of the Code of Civil
Procedure read with Section 151 thereof filed jointly on behalf of the plaintiff
and the defendant praying that the joint Memorandum of Settlement dated
23.05.2007 annexed as annexure P-1 be taken on record and the suit be disposed
of in terms of the said settlement. It is also prayed that the defendant No.5
be deleted from the array of parties.;
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